On The Constitution Of Coercion In The Specific Provisions Of Criminal Law

The concept of coercion is different in different legal realms. Coercion in the specific provisions of criminal law refers to the act that gives rise to or maintain fear in other people's psychology and make them act or not at the mercy of this kind of psychology, which is carried out with words or act that threaten to jeopardize other people's and close related third people's life, body, freedom, reputation, property and other rights and interests to a certain extent. Coercion is different from violence in the content, manner and extent. The constitution of coercion in the specific provisions of criminal law is different from coercion in civil law and coercion in the general provisions of criminal law, which comprises 7 aspects such as coercive subject, object, purpose, intent, content, manner and extent.Coercive subject refers to the person who threatens and forces other people to act or not. Coercive subject can be natural person or unit, who must have criminal responsibility or subjective element of unit crime respectively. Coercive subject must be the person who commits the coercive act, any person who just take advantage of the coercive act committed by the third person and make other people act or not can not be regarded as coercive subject, any person who exploits other people's unfavorable position and make them act or not can not be regarded as coercive subject, too. Coercive object refers to the natural person who is threatened and forced to act or not by the coercive subject; unit can not be coercive object. Coercive object doesn't need to have the ability of recognizing and controlling in the sense of criminal sense, who only need to have the recognizing ability of normal people in the sense of everyday life. Coercive object is one of the victims, they should not be confused.Coercive purpose is to make other people fall into fear and force them to act or not at the mercy of this kind of psychology. The connections between Coercive purpose and Criminal purpose are very close, but there still are some differences on them. According to the Criminal purpose, we can classify Coercive purpose into two kinds of"force other people to act or not". Coercion can only be direct intentional act, coercive intent refers to the attitude that the actor is aware of his act will give rise to or maintain fear in other people's mind, and consequently act or not under the influence of the fear and he hope it happen.Infringing other people's rights and interests is the content of coercion. The infringing can only take place after the coercion and is likely; which may be of violence or nonviolence, occur in direct or indirect manner; severe and urgent."Other people"generally refers to the person who is coerced and close related third person (e.g. family or friends), in special circumstances, the third person can be strangers."Other people"include natural person and unit. Whether"rights and interests"is legal or not doesn't impact the constitution of coercion, but"rights and interests"should be important and have the possibility of being infringed. Coercion manner refers to the methods that are used by the actor to inform coercion content to coercion object. Coercion can only be carried out with the method of feasance, but coercion crime can be nonfeasance crime. Coercion manner can be classified according to different criterions, which are words coercion (verbal or written), act coercion, combined words and act coercion, direct coercion and indirect coercion.Coercion must reach to a certain extent, which is coercion must be strong enough to give rise to or maintain fear in coercion object's psychology, and act or not under the influence of the fear. The so-called"producing"of frightened psychology refers to the threatened mind which does not exist before and appeared after the coercion object is coerced; the so-called"maintenance"refers to the continuous existence of frightened psychology which is caused by the actor's act. The judgment of frightened psychology is according to the concrete circumstance of the coercive object and on the basis of normal people's sense. The content of feasance or nonfeasance carried out by coercive object is disposal rights and interests. Rights and interests can be legal or illegal; belong to the coercive object or other people.